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LinkedIn posts weren't commercial advertising or promotion for pediatric orthopedics

43(B)log

3:20-CV-929 JD, 2021 WL 3887243 (N.D. 31, 2021) Plaintiffs “have an interest in a patented computer program that allows medical professionals to more easily determine the correct way to position bones for optimal healing after orthopedic procedures.” I’m only going to discuss the false advertising aspects.

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Models' false endorsement claims fail for want of recognition, bad survey

43(B)log

18-CV-9448 (KMK), 2021 WL 3501162 (S.D.N.Y. 9, 2021) Another in the burgeoning genre of models suing “adult” clubs for using unauthorized images in online ads for the clubs. 2021), which considered all these claims except for false advertising. 2021), which considered all these claims except for false advertising.

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political speech isn't covered by Lanham Act but is protected by Cal anti-SLAPP law

43(B)log

They alleged violation of California’s FAL and UCL, false advertising under the Lanham Act, trade libel, and negligence. The complaint was filed mid-2021, and the injuries allegedly began in mid-2017, which was outside the statute of limitations for everything but the UCL.

Law 59
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Juul RICO and consumer protection classes certified despite different "nicotine journeys" among users

43(B)log

All were limited to individuals who purchased JUUL products from brick and mortar or online retailers (with the usual exclusions for those involved in the litigation). Variations in different marketing campaigns and channels (social media versus traditional media) did not defeat predominance. In Re Juul Labs, Inc.,

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it is unfair to fail to disclose paid promotion/for influencers not to do due diligence on what they promote

43(B)log

In Re Ethereummax Investor Litig., I’ll focus, as usual, on the false advertising bits and ignore the securities law parts. Given the issue of whether the Tokens are a “security” is a genuinely unanswered legal question, it would be unfair (and contrary to Rule 8) to prohibit alternative pleading at this stage of the litigation.”

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false advertising & bankruptcy law: $18 million for deceptive campaign in violation of automatic stay

43(B)log

2021) Plaintiffs/Debtors argued, and the court held in relevant part, that defendants (Charter) breached the automatic stay by a literally false and intentionally misleading advertising campaign to induce the Debtors’ customers to terminate their agreements with the Debtors by telling them that bankruptcy risked impairment of their service.

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Look Back, Look Ahead: State Attorneys General Enforcement – Part One

LexBlog IP

Last month, as part of BakerHostetler’s “Look Back, Look Ahead: Advertising and Marketing Law in 2021 & 2022” webinar series, partners Craig A. The following summarizes our 10 key takeaways from 2021. Takeaway No. 1: Biden Transition Shifts Attorneys General Priorities. Mexico border. Takeaway No.